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How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit could help you recover damages to pay medical bills and compensate for the loss of income. However many people are confused about how the process operates.

In this blog post, we will examine five key litigation milestones each personal injury claim has to be through.

Time to File

Each state has its own statute of limitation that specifies the time frame after an accident when you have to make a claim. If you do not file your claim within this timeframe, it will almost always be dismissed.

After a case has been filed and the parties have been notified, they will begin an investigation process that involves exchanging documents witness testimony, documents, and depositions. This could take several months, depending on the complexity of the case.

At this point, a skilled lawyer will submit an offer for settlement. However, your lawyer cannot make a demand injuries until after you've reached the stage of the greatest improvement in your medical condition and you are as healthy as possible.

You may also be required to adhere to additional time limits if you've been injured by an entity of the government or a medical professional who works for the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain these in more detail. In general these cases can be resolved more quickly than others.

Statute of Limitations

If you want to increase your chances of getting fair compensation, it's crucial to file a lawsuit before your state's statute of limitations runs out. These deadlines are applicable to a wide range of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states, the statute of limitations "clock" begins to tick on the day that you were injured. However there are exceptions to this rule which could effectively stop the clock in certain cases. For instance, the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) the injury.

In some cases the statute of limitations can be reduced or extended. For instance when the plaintiff is mentally disabled or underage. Contact an experienced injury lawyer to determine the statute of limitations applicable to your case. If you try to submit a claim after your deadline has passed the case could be dismissed by the court. This could have devastating implications on the victim and his or her family.

Damages

A person who is awarded a personal injury law firms lawsuit is entitled to receive damages. These can include money for medical costs or lost wages as well as other the costs associated with an accident. Other types of damages can be awarded to compensate for the loss of enjoyment of life or emotional stress caused by an accident.

The amount of damages will be determined by a jury on the basis of the evidence presented in court. Your attorney will argue that the defendant did not act in a manner that a reasonable person would have done in the same situation. This resulted in your injury.

Special damages, such as the cost of repairing or replacing damaged property or the value lost wages if an injury stops you from working or causes you to take a vacation or sick leave, are easy to determine. General damages, also known as pain and suffering, are harder to determine. A lot of attorneys and insurance companies employ a multiplier, such as a 1.5 to 5 factor, to calculate general damages. Serious injuries typically result in greater general damages than those resulting from smaller or less-permanent injuries.

Mediation

Although it's not an obligatory element in any injury case it can be used to settle a dispute without having a jury or judge decide on the outcome. In mediation, you will be able to discuss your concerns with an impartial third party known as mediator.

The mediator will ask questions to determine how much you'd like to settle and what your expectations are. Then, the two parties will discuss their differences with the mediator. Then, you will make counteroffers and exchange offers to find a solution.

Both the party responsible for the negligence and the victim who has been injured would like to go to court, so the goal is to settle through mediation. This is a vital step to avoid the lengthy and stressful litigation process. Most injury cases settle through mediation, even those that involve the largest insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Contact us today to set up a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your attorney may decide to pursue a trial in the event that your case isn't settled outside of court. This will depend on your personal circumstances, your evidence and the settlement offer from the defendant's insurer.

During the trial, your attorney will present a case to peers to jurors. The jury will determine whether the defendant was negligent and, if they were what amount of compensation should be awarded to cover your losses due to Injuries (Advicebookmarks.Com), Injuries financial loss and other expenses.

During the trial, your lawyer will use evidence to prove that the negligence of the defendant caused to your injuries and the financial damages needed cover your expenses and losses. The defense will provide evidence to argue your allegations and prevent them from owing you any money. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict will be given by a juror or judge in the bench trial. It will decide if the defendant was negligent and, if they were and the verdict is a financial one, how much will you be awarded.